Subchapter D. ACTION TO QUIET TITLE


Rule


1061.    Conformity to Civil Action. Scope.
1062.    Venue.
1063.    Commencement of Action.
1064.    Service.
1065.    Specific Averments.
1065.1.    Notice. Claim for Adverse Possession.
1066.    Form of Judgment or Order.
1067.    Trial Without Jury.
1068.    Acts of Assembly.

   Official Note

   The Order of the Supreme Court, June 25, 1946, adopting the Rules of Civil Procedure governing Actions at Law, fixed Jan. 1, 1947, as the effective date and made said Rules applicable to actions pending at that time.

Rule 1061. Conformity to Civil Action. Scope.

 (a)  Except as otherwise provided in this chapter, the procedure in the action to quiet title from the commencement to the entry of judgment shall be in accordance with the rules relating to a civil action.

   Official Note

   No right to trial by jury is conferred by this rule. See Rule 128(f).

 (b)  The action may be brought

   (1)  to compel an adverse party to commence an action of ejectment;

   (2)  where an action of ejectment will not lie, to determine any right, lien, title or interest in the land or determine the validity or discharge of any document, obligation or deed affecting any right, lien, title or interest in land;

   (3)  to compel an adverse party to file, record, cancel, surrender or satisfy of record, or admit the validity, invalidity or discharge of, any document, obligation or deed affecting any right, lien, title or interest in land; or

   (4)  to obtain possession of land sold at a judicial or tax sale.

Source

   The provisions of this Rule 1061 adopted June 25, 1946, effective January 1, 1947; amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (40045).

Rule 1062. Venue.

 The action may be brought in and only in a county in which the land or a part of the land is located.

Rule 1063. Commencement of Action.

 The action shall be commenced by filing a complaint with the prothonotary.

Source

   The provisions of this Rule 1063 amended June 27, 2017, effective October 1, 2017, 47 Pa.B. 3805. Immediately preceding text appears at serial page (386148).

Rule 1064. Service.

 In actions involving subsurface mineral, oil, or natural gas rights, if the plaintiff seeks to serve original process by publication pursuant to Rule 430 and obtains actual knowledge of a last known address of the defendant outside the county in which the property is located, the plaintiff shall explain in the affidavit required by Rule 430(a) the search for the defendant in that locale.

   Official Note

   For service of original process, see Rule 410 governing service in actions involving real property. See Rule 430 for additional requirements for service of original process by publication.

Source

   The provisions of this Rule 1064 rescinded June 20, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended November 29, 2016, effective January 1, 2017, 46 Pa.B. 7933; amended December 30, 2016, effective January 1, 2017, 47 Pa.B. 178. Immediately preceding text appears at serial pages (385502) to (385503).

Rule 1065. Specific Averments.

 (a)  Except as provided in subdivision (b), the plaintiff shall describe the land in the complaint.

 (b)  In an action to quiet title involving subsurface mineral, oil, or natural gas rights, the complaint shall describe the land by attaching:

   (1)  a summary of the abstract of the mineral, oil, or natural gas title, or the full abstract of the mineral, oil, or natural gas title if the title documents are not available in the courthouse records, and

   (2)  a statement of acreage involved that includes a metes and bounds description, if available, or other description sufficient to identify the subject land.

Source

   The provisions of this Rule 1065 adopted June 25, 1946, effective January 1, 1947; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266; amended November 29, 2016, effective January 1, 2017, 46 Pa.B. 7933; amended December 30, 2016, effective January 1, 2017, 47 Pa.B. 178. Immediately preceding text appears at serial page (385503).

Rule 1065.1. Notice. Claim for Adverse Possession.

 (a)  This rule governs an action to quiet title of property pursuant to Section 5527.1 of the Judicial Code, 42 Pa.C.S. §  5527.1.

   Official Note

   Section 5527.1 of the Judicial Code permits a party to seek to acquire title to real property by commencing an action to quiet title if the party has adversely possessed the real property for a period of not less than ten years.

 (b)  As used in this rule,

 ‘‘plaintiff’’ means the possessor of real property who is seeking to quiet title to real property that he or she has adversely possessed for a period of not less than ten years.

 ‘‘defendant’’ means the owner, the owner’s heirs, successors, and assigns, of the real property as recorded in the most recent deed filed in the Recorder of Deeds Office at the courthouse in the county in which the real property is located.

 (c)  Upon satisfying the requirements of Section 5527.1(a)-(b) of the Judicial Code and commencing an action to quiet title, the plaintiff shall provide to the defendant the notice set forth in subdivision (d) of this rule.

 (d)  The notice shall be substantially in the following form:

(CAPTION)


Notice Required by Section 5527.1
of the Judicial Code

 To the above-named defendant:

   The plaintiff in the above-captioned matter has filed an action to quiet title pursuant to Section 5527.1 of the Judicial Code, 42 Pa.C.S. §  5527.1, seeking to acquire title by adverse possession of real property described as follows:

   



Street Address

   



City, State, Postal Zip Code

   



Deed Reference

   



Uniform Parcel Identifier or Tax Parcel Number

 



 



 



 



Metes and Bounds Description

   If you wish to challenge the claim of adverse possession, you must respond to the action to quiet title within one year after this complaint and notice are served by commencing an action in ejectment against the plaintiff.

Source

   The provisions of this Rule 1065.1 adopted June 17, 2019, effective June 19, 2019, 49 Pa.B. 3305.

Rule 1066. Form of Judgment or Order.

 (a)  The court shall grant appropriate relief upon affidavit that a complaint containing a notice to defend has been served and that the defendant has not filed an answer, or after a hearing or trial on the pleadings or merits.

 (b)  Upon granting relief to the plaintiff, the court

   (1)  shall order that the defendant be forever barred from asserting any right, lien, title or interest in the land inconsistent with the interest or claim of the plaintiff set forth in the complaint, unless the defendant takes such action as the order directs within thirty days thereafter. If such action is not taken within the thirty-day period, the prothonotary on praecipe of the plaintiff shall enter final judgment;

   Official Note

   See Rule 248, authorizing the modification of any time period prescribed by the rules on written agreement or order of court.

   (2)  shall enter a final judgment that a document, obligation or deed affecting a right, lien, title or interest in the land is cancelled or is valid, invalid or discharged or that a copy of a lost plan, document, obligation or deed is an authentic copy;

   (3)  shall enter a final judgment ordering the defendant, the prothonotary, or the recorder of deeds to file, record, cancel, surrender or satisfy of record, as the case may be, any plan, document, obligation or deed determined to be valid, invalid, satisfied or discharged, and to execute and deliver any document, obligation or deed necessary to make the order effective; or

   (4)  shall enter any other order necessary for the granting of proper relief.

Source

   The provisions of this Rule 1066 adopted June 25, 1946, effective January 1, 1947; amended March 27, 1956, effective July 1, 1956; amended August 10, 1979, effective August 31, 1979, 9 Pa.B. 2929; amended April 12, 1999, effective July 12, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (255221).

Rule 1067. Trial Without Jury.

 The trial of actions to quiet title by a judge sitting without a jury shall be in accordance with Rule 1038.

Source

   The provisions of this Rule 1067 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (45825).

Rule 1068. Acts of Assembly.

 (a)  The rules of civil procedure shall not be deemed to suspend or affect:

   (1)  The Act of May 28, 1895, P.L. 124, No. 92, as amended by the Act of April 28, 1899, P.L. 123, No. 101, 21 P.S. § §  399, 497 to 499;

   Official Note

   This Act provides for the recording of subdivision plans.

   (2)  Section 506 of the Act of August 24, 1963, P.L. 1175, No. 497, 49 P.S. §  1506.

   Official Note

   This Act authorizes the entry of a rule to file a mechanics’ lien or be barred.

 (b)  The Act approved June 10, 1881, P.L. 97, No. 105, as amended by the Act approved April 27, 1927, P.L. 461, No. 295, 21 P.S. §  688 is suspended absolutely, in accordance with the provisions of the Constitution of 1968, Article V, Section 10(c).

   Official Note

   This Act authorizes a rule to foreclose a mortgage or be barred.

Source

   The provisions of Rule 1068 adopted March 11, 1991, effective July 1, 1991, 21 Pa.B. 1274.



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